An Employment Tribunal has ruled in favour of the Claimant, who believes he was being singled out as lazy because of his race, after it transpired that he was being mistaken for another black Sergeant in his wing at Colchester’s Military Corrective Training Centre.
Mr. Randy Date, of Grenada in the Caribbean, had been previously absent from his post due to sick leave for Post-Traumatic Stress Disorder (PTSD) in 2016. He had since returned to work and transferred to the Military Corrective Training Centre in the Spring of 2017. Mr. Date felt that his peers had been insensitive about his mental health condition.
Detailed in an assessment by Flight Lieutenant Taylor, his reporting officer – Mr. Date was reported as being “significantly below par.”
The report went on to state that Date delivered a “badly prepared” performance in instructing the Centre’s Right Turn course. Though it was actually another black Sergeant who ran this course, and Flt Lt Taylor had been passed this information by a Sergeant Major at the facility.
In November of 2017, a WhatsApp conversation between non-commissioned officers took place in which their Sergeant Major was expressing his disappointment at Mr. Date getting tickets to a concert, whilst the remainder of the team were unable to attend. The Sgt Maj said: “Randy Date. He gets […] everywhere, except work!!!”
On this specific point, the Tribunal didn’t deem the comment to be racial discrimination, as “the claimant’s colleagues were discussing the frustrating effect of the claimant’s absence on their day-to-day management of work and the WhatsApp message sent by Mr. Elliott reflected that frustration”.
A further hearing is due to take place on the 12th of December to determine the amount Mr. Date will receive in compensation.
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Article by Stuart Jones
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